ISP User Agreement
Gallatin River Communications, Inc. (the "Company") welcomes you as a user ("User") to our Internet service (the "Service"). Please read this User Agreement (the "Agreement") carefully. It contains important contract rights and obligations between you and the Company.
By clicking "Yes," downloading the Company's software, or using the Company's Service or software you agree to be bound by this Agreement and other User policies and agreements that the Company may establish from time to time.
Registration Requirements
You must be an adult (at least 18 years old) to use the Service. You must provide the Company with accurate and complete billing information, including your name, address, credit or charge card numbers and expiration dates and any Service payment information. You are responsible for keeping this information up to date.
Responsible for Use of Service
You are personally responsible for all use of the Service under your account, even if someone else uses your Service (whether or not they were authorized to use your Service). The Service is provided for your personal use only. Unless you have the Company's express written consent, you may not resell it, in whole or part, or otherwise commercially exploit it, or assign or transfer your right to use the Service to anyone else.
Payment Obligations
You are responsible for all charges to your account until you terminate your account in accordance with this Agreement. You must promptly inform the Company if you suspect any breach of security, such as loss, theft, or unauthorized disclosure or use of your Service account, password or any credit or charge card number provided to the Company at enrollment. Until the Company is notified of a breach of security, you will remain responsible for any unauthorized use of your Service account. By authorizing the Company to charge a credit or charge card, or debit a bank account by electronic funds transfer for service fees and charges, you are authorizing the Company to automatically continue charging that or debiting that bank account so long as your are a User. The Company may, upon notice required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with billing terms in effect at the time the fee or charge becomes payable. All fees and charges are considered valid and binding on you unless you notify the Company in writing within 30 days of the invoice date. The Company will not issue refunds after the expiration of this 30-day period.
Third Party Content
Any information, products and services available on or through the Internet, other than information, products and services clearly identified as being supplied by the Company, are provided by other Internet users or independent providers ("Third Party Providers"). Each Third Party Provider owns, maintains and supports its information, products and services. The availability and contents of an Internet site are the responsibility of the Third Party Provider of such site. You acknowledge that portions of the Internet may contain language, pictures or other materials which some individuals may find offensive, inflammatory, of an adult nature, or otherwise objectionable. Such contents are the sole responsibility of the applicable Third Party Provider. The Company has no responsibility for or control over such materials and disclaims any and all liability for, and knowledge of, their contents. Your access to such materials is at your own risk.
Appropriate Use of the Service
You agree not to use the Service for any illegal or inappropriate purpose. You agree to maintain your password as private and confidential information. You agree to use the Service in a way that conforms with all applicable laws and regulations. You specifically agree not to make any attempt to gain unauthorized access to any systems or networks. You agree that you will not use the Service to publish, post, distribute or disseminate another's proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. You understand and agree that the Company reserves the right to immediately remove (with or without terminating your account) from your account or any web site you establish on the Company's server any material or information which infringes another's property rights. You understand and agree that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for the Company. Such behavior would be a violation of this Agreement.
Termination
You understand that the Company reserves the right to terminate your account at any time, for any reason, including, but not limited to, your failure to abide by the terms of this Agreement or your failure to pay any fees or charges when due. If your account is inactivated, you may be required to pay reconnect charges and a prepaid deposit in order to re-activate your account.
Indemnification
You agree to defend, indemnify and hold the Company and its officers, directors, employees and agents harmless from any and all liabilities, costs and expenses, including attorneys' fees related to or arising from any violation of this Agreement by you or those who access the Service through your account, or the use of the Services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by you or those who have access to the Service through you account.
No Warranties
You assume full responsibility and risk for use of the Service and the Internet. The Service is provided to you on an "as is" and "as available" basis. The Company does not warrant that the Service will be uninterrupted or error-free or that any information, software, or other material accessible via the Service is free of viruses, or other harmful components. The Company makes no express or implied warranties, representations, or endorsements including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose regarding any merchandise, information, or service provided through the Company or on the Internet generally. No advice or information given by the Company or its representatives shall create a warranty.
Your Remedies; Limitation on Liability
If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, your sole and exclusive remedy is to terminate this Agreement. The Company's liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service fees you have paid to the Company within the prior year. Under no circumstances is the Company or any of its employees, affiliates or contractors liable for any indirect, incidental or consequential damages that result in any way from any use of your account or the Service.
Software License
All software provided to you by the Company and any revised version thereof (the "Software"), is licensed to you by the Company only for your personal use in connecting to and using the Service, and for no other purpose. You may use or copy it only as instructed by the Company. Use or copying for any other purpose is prohibited and is a breach of this Agreement. The Software files remain the property of the Company at all times, and the Company may make changes to the number and/or content of these files directly while you are connected to the Service. You accept the terms of this license by using the Software. This license will terminate upon termination of your membership. At that time, you must return the Software to the Company or destroy it.
Software Warranty
The Software is provided "as is" without any warrant of any kind to the maximum extent permitted by applicable law, and the Company disclaims all warranties, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. In no event shall the Company be liable for indirect, incidental or consequential damages including without limitation loss of income, data, use or information, even if the Company has been advised of the possibility of such damages.